No. 20-5185

Joshua Jermaine Nelson v. Texas

Lower Court: Texas
Docketed: 2020-07-27
Status: Denied
Type: IFP
IFP
Tags: constitutional-vagueness content-based-restriction due-process first-amendment free-speech mens-rea overbreadth overbreadth-doctrine vagueness
Key Terms:
FirstAmendment DueProcess HabeasCorpus Immigration Privacy
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Is a statute unconstitutional on its face when it is a content-based restriction that severely criminalizes a substantial amount of harmless speech between adults

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Is a statute unconstitutional, on its face, when it is a content-based restriction that severely criminalizes a substantial amount of harmless speech between adults — speech that is protected under the First Amendment? 2. Is a statute unconstitutional, on its face, under the First Amendment, when it criminalizes thought? 3. Is a statute unconstitutionally overbroad under the Fifth and Fourteenth Amendments to the United States Constitution when its definitions are so vague and ambiguous that it fails to provide a person of ordinary intelligence fair notice of what is prohibited, and when it is so standardless that it authorizes or encourages seriously discriminatory enforcement? 4. Is a statute unconstitutional under the Fifth and Fourteenth Amendments when it does not have a mens rea requirement as to the age of the alleged minor? i

Docket Entries

2020-10-05
Petition DENIED.
2020-09-10
DISTRIBUTED for Conference of 9/29/2020.
2020-07-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 26, 2020)

Attorneys

Joshua Jermaine Nelson
Leonard Thomas BradtL.T. BRADT, P.C., Petitioner
Leonard Thomas BradtL.T. BRADT, P.C., Petitioner